120-97 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
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Ordinance No.____sa~_,
Passed -------- --- --- ----- - -- ----- 19-
••-
AN ORDINANCE TO APPROPRIATE A 0.210 ACRE TEMPORARY
CONSTRUCTION EASEMENT AND A 0.107 ACRE STORM SEWER
EASEMENT IN PROPERTY OWNED BY KINETICS PROPERTIES
LIMITED PARTNERSHIP AND/OR WASHINGTON TOWNSHIP
FIRE DEPARTMENT, LOCATED ON THE SOUTH SIDE OF
SHIER-RINGS ROAD, IN THE CITY OF DUBLIN, COUNTY OF
FRANKLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin is preparing to improve the Shier-Rings Road and Avery
Road intersection; and
WHEREAS, said improvement will require the City of Dublin to obtain a temporary
construction easement and a storm sewer easement in and to the premises described in the
attached Exhibits "A" and "B" located in the City of Dublin, Franklin County, Ohio.
NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of
Ohio, ~ of the elected members concurring that:
Section 1. A temporary construction easement and a storm sewer easement interest in and
to the premises located in the City of Dublin, Franklin County, State of Ohio, and more fully
described in the legal descriptions attached hereto as Exhibits "A" and "B" are hereby
appropriated for the public purpose of improving the Shier-Rings Road and Avery Road
intersection, pursuant to Ohio Revised Code Chapter 163 and the Constitution of the State of
Ohio.
Section 2. Council hereby fixes the value of the interests appropriated at Four Thousand
Five Hundred Thirty Dollars and 00/100 Cents ($4530.00) which sum shall be deposited with
the Franklin County Common Pleas Court for the use and benefit of the owners of the property
appropriated as their interests may appear. Upon such deposit, the City of Dublin shall take
possession of and enter upon the property pursuant to law.
Section 3. Council finds that the appropriation is necessary for the stated purpose, that the
City has been unable to agree with the owners of the property as to appropriate compensation,
and that the City intends to obtain immediate possession of the property.
Section 4. The City Law Director is directed to file a petition for appropriation in the
Franklin County Common Pleas Court, to have a jury impaneled to assess the compensation
to be paid for the real estate herein described above.
Section 5 The funds related thereto have been previously appropriated within the Capital
Improvements Tax Fund for the purpose of paying all costs incident to such acquisition.
Section 6 This ordinance is hereby declared to be an emergency necessary for the
immediate preservation of the public health, safety and welfare. The reason for such necessity
is that the prompt improvement of the Shier-Rings Road and Avery Road intersection is
necessary to improve traffic circulation and relieve traffic congestion for the citizens of
Dublin. Therefore, this ordinance shall go into immediate effect.
Passed ~/ day of , 1997.
-Presiding Officer
i L,,.~~.,, -~.~ r„ •.~,.~, r0!?'es of this Or~J'n~nnce/
Re~e~ieN-were poste;; ~,~ "~
Gty of D~hl'n `n ortordance wad Sertlon 731.25 of the 0'~io Revised Code.
ATTEST:
fgsbt Clerk o Coun , Dubl
~~~_ ~ Ohio
Clerk of Council
Exhibit A-Parcel 15T
City of Dublin-Avery/Shier-Rings Road Improvement
Kinetics Properties Limited Partnership
OR 30565 F02
Description of Temporary Easement for Grading
Situated in the State of Ohio, County of Franklin, City of Dublin and part of Virginia Military
,~„.... Survey 3004 and being 0.210 acre out of a 2.473 acres parcel conveyed to Kinetics Properties
Limited Partnership, as recorded in OR 30565 F02 in the Franklin County Recorder's Office, and
being more particularly described as follows:
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Commencing at the Grantor's northeasterly corner in the southerly right of way line of
Shier-Rings Road and being 48.82 feet right of Station 131+27.00 in the centerline of survey of
Shier-Rings Road as delineated on the Centerline plat for an improvement to Avery Road and
Shier-Rings Road, of record in Franklin County;
thence leaving said point, with the Grantor's easterly property line, South OS degrees 31 minutes
43 seconds East, a distance of 286.21 feet to the TRUE POINT OF BEGNNING;
thence continuing with said line, South OS degrees 36 minutes 35 seconds East, a distance of
40.00 feet to the southeasterly, corner of the tract described herein;
thence leaving said property line with the southerly line of the tract herein, South 83 degrees 40
minutes 38 seconds West, a distance of 40.94 feet to the southwest corner of this tract;
thence with the westerly line thereof, North 06 degrees 19 minutes 20 seconds West, a distance of
317.30 feet to a point in the Grantor's northerly property line;
thence with said property line, North 72 degrees 30 minutes 37 seconds East, a distance of 30.58
feet to the northwest corner of a sewer easement granted to the City of Dublin by Kinetics
Properties Limited Partnership;
thence with the westerly line of said easement, South OS degrees 31 minutes 42 seconds East, a
distance of 243.24 feet to a corner in said line;
thence continuing with said line, South 83 degrees 40 minutes ~38 seconds West, a distance of
8.63 feet to a second comer;
thence South 06 degrees 19 minutes 22 seconds East, a distance of 40.00 feet to the southwest
corner of the aforementioned sewer easement;
thence with the southerly line thereof, North 83 degrees 40 minutes 38 seconds East, a distance of
23.43 feet to the TRUE POINT OF BEGINNING, said described tract containing 0.210 acre,
more or less.
The above described acreage is contained in Auditor's Parcel 274-000096.
Stations and offsets used in this description are referenced to the proposed centerline of Shier-
Rings Road as appears on the Centerline Plat For the improvement of Avery and Shier-Rings
Roads prepared by URSGreiner, and of record in Franklin County.
Bearings used in this description are based on an actual field survey utilizing Franklin County
Monuments Nos. FCGS X536 and FCGS 7752 by URSGreiner in June 1996. This description was
prepared for URSGreiner by Roger M. Smith, P.S. 6899 from existing records and actual field
survey.
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R ge M. Smith, P.S. 6899 Date
_ - i -._-
130+50
~ OF CONSTRUCTION EXHIBITq
SHIER-RINGS RaAD PARCEL 15T
V.M.S. 2999 _ _ _
_ _ _ - - - - V.M.S. 3004
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KINETICS PROPERTIES LTD. /
274-000096
OR 30565 F02
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on actual field survey utilizing Franklin County
Monuments Nos. FCGS 5536 and FCGS 7752 by a 38' ~
~' URSGreiner in June 1996. ~
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PROJECT AyERY ROAD 40.94
/ SHIER_RINGS INTERSECTION
SUBJECT KWE71C5 PROP JOB N0. 908800 I
ERTIES ETO. 15T PEgr ~~
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SHEET NO. 1 D= ARCHI T[CTS • ~,NCIN:GR~~Q~~~~
Exhibit B•Parcel 15S
City of Dublin-Avery/Shier-Rings Road Improvement
Kinetics Properties Limited Partnership
OR 30565 F02
Description of a Storm Sewer Easement
Situated in the State of Ohio, County of Franklin, City of Dublin and part of Virginia Military
Survey 3004 and being 0.107 acre out of a 2.473 acres parcel conveyed to Kinetics Properties
Limited Partnership, as recorded in OR 30565 F02 in the Franklin County Recorder's Office, and
being more particularly described as follows:
Beginning at the Grantor's northeasterly property corner in the southerly right of way line of
Shier-Rings Road and being 48.82 feet right of Station 131+27.00 in the centerline of survey of
Shier-Rings Road as is delineated on the Centerline Plat for an improvement to Avery Road and
Shier-Rings Road of record in Franklin County, the TRUE POINT OF BEGINNING of the
easement for storm sewer purposes being described ;
thence leaving said point with the Grantor's easterly line, South OS degrees 36 minutes 30 seconds
East, a distance of 28620 feet to a point;
thence leaving said line with the southerly line of the easement described herein, South 83 degrees
40 minutes 38 seconds West, a distance of 23.44 feet to the southwesterly corner of said tract;
thence with the westerly line of said easement, North 06 degrees 19 minutes 22 seconds West, a
distance of 40.00 feet to a point;
thence continuing with said line, North 83 degrees 40 minutes 38 seconds East, a distance of 8.63
feet to a corner in said line;
thence, North OS degrees 31 minutes 42 seconds Nest, a distance of 243.24 feet to a point in the
Grantor's northerly line;
thence with said northerly line, North 72 degrees 30 minutes 37 seconds East, a distance of ] 5.29
feet to the TRUE POINT OF BEGINNII~iG of the easement ofr storm sewer purposes, said
described tract containing 0.107 acre, more or less.
The above described acreage is contained in Auditor's Parcel 274-000096.
Stations and offsets used in this description are referenced to the proposed centerline of Shier-
Rings Road as appears on the Centerline Plat For the improvement of Avery and Shier-Rings
Roads prepared by URSGreiner, and of record in Franklin County.
Bearings used in this description are based on an actual field survey utilizing Franklin County
Monuments Nos. FCGS 5536 and FCGS 7752 by URSGreiner in June 1996.
This description was prepared for URSGreiner by Roger M. Smith, P.S. 6899 from existing
records and actual field survey.
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* ; St,~iTH i i ~ ger M. Smith, P.S. 6899 Date
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131+50 _~ EXHIBIT B
131+00 -~ PARCEL 15S
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~OF CONSTRUCTION
SHIER-RINGS ROAD
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THE BOARD OF TRUSTEES OF
WASHINGTON TOWNSHIPS
KINETICS PROPERTIES LTD.
274-000096
OR 30565 F02
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Bearings used in this description are b ased on
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on octuol field survey utilizing Franklin County 23.44' ,
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Monuments Nos. FCGS 5536 Ond FCGS 7752 by w
URSGreiner in June 1996.
PROJECT AVERY ROAD /SHIER-RWCS INT',RS-cCTION JOB N0.908t800
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W SUBJECT KINETICS PROPERTIES ITD. t5S P:A7 DATE 2t APR 97 (~~s Greiner
< 8Y CuS CHECKED RMS SHEET N0. t OF t ARCM TECT$ • ,NCINEER$ • PLANN~4$